United States Fourth Circuit

In excess insurance coverage dispute between insurers arising from underlying case involving a student who was sexually abused by a teacher, summary judgment for plaintiff finding that its policy was excess to defendant's policy is reversed as defendant's policy is actually excess to plaintiff's. Defendant's policy is a true excess policy, while plaintiff's provides primary coverage that sometimes becomes excess.

Appellate Information

• Decided 01/23/2008
• Published 01/23/2008

Judges

• Before NIEMEYER and TRAXLER, Circuit Judges, and SAMUEL G. WILSON, United States District Judge for the Western District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jeffrey Alan Holmstrand, McDermott & Bonenberger, P.L.L.C., Wheeling, West Virginia, for Appellant.  Daniel C. Cooper, Bridgeport, West Virginia, for Appellee.   ON BRIEF:  Jamison H. Cropp, Steptoe & Johnson, Clarksburg, West Virginia, for Appellee.